Ratification, Accession or Declaration by Australia

Entry into Force for Australia

Reservations

International Covenant on Economic, Social and Cultural Rights (ICESCR)

10 December 1975

10 March 1976

International Covenant on Civil and Political Rights (ICCPR)

13 August 1980

13 November 1980

Article 10 paras 2(a), 2(b), 3; Article 14 para 6; Article 20

(First) Optional Protocol to the ICCPR

25 September 1991

25 December 1991

Second Optional Protocol to the ICCPR

2 October 1990

2 October 1990

Declaration under Article 41 of the ICCPR

28 January 1993

28 January 1993

First, Second, Third and Fourth Geneva Conventions and Additional Protocols 1 and 2

14 October 1958

14 April 1959

Convention on the Prevention and Punishment of the Crime of Genocide

8 July 1949

12 January 1951

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

30 September 1975

30 October 1975

Article 4(a)

Declaration under Article 14 of CERD

28 January 1993

28 January 1993

International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

28 July 1983

27 August 1983

Maternity leave and women in combat and combat-related duties.

Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT)

8 August 1989

7 September 1989

Declaration under Article 21 of CAT

28 January 1993

28 January 1993

Declaration under Article 22 of CAT

28 January 1993

28 January 1993

Convention on the Rights of the Child (CROC)

17 December 1990

16 January 1991

Article 37(c)

Vienna Convention on Consular Relations

12 February 1973

14 March 1973

Convention relating to the Status of Refugees

22 January 1954

22 April 1954

Protocol relating to the Status of Refugees

13 December 1973

13 December 1973

APPENDIX TWO

OFFENCES AND PENALTIES

Section

Offence

Maximum Penalty

Federal

Geneva Conventions Act 1957

Wilful killing of a person protected by the Geneva Convention or by Additional Protocol One

life

A grave breach of the Geneva Conventions other than wilful killing.

14 years

Australian Capital Territory

Crimes Act 1900

s.19

Intentionally inflicting grievous bodily harm

15 years

s.20

Recklessly inflicting grievous bodily harm

10 years

s.21

Wounding

5 years

s.22

Assault with intent to commit certain indictable offences (ie. those which are punishable with a maximum period of imprisonment for 5 years or more)

5 years

s.23

Inflicting actual bodily harm

5 years

s.24

Assault occasioning actual bodily harm

5 years

s.25

Causing grievous bodily harm

2 years

s.26

Common assault

2 years

s.27

Acts endangering life

(a)where the offence is intentional and nlawful - 10 years; and

(b)where there is intention to commit an indictable offence against the person) punishable with more than 10 years’im-prisonment - 15 years

s.28

Acts endangering health

5 years

s.30

Threat to kill

10 years

s.31

Threat to inflict grievous bodily harm

5 years

s.32

Demands accompanied by threats

(a)where a threat is to endanger the health, safety or physical well-being of a person -10 years; and

(b)where a threat is to kill or inflict bodily harm - 20 years

s.33

Possession of an object with intent to kill

5 years

s.34

Forcible confinement

10 years

s.34A

Stalking

5 years

s.35

Torture

10 years

s.36

Abduction of young person

5 years

s.37

Kidnapping

20 years

s.38

Unlawfully taking a child

10 years

s.92A

Sexual assault in the first degree (i.e. inflicting grievous bodily harm with intent to have sexual intercourse)

(a)17 years; and

(b)where the accused acted in company with any other person - 20 years

s.92B

Sexual assault in the second degree (i.e inflicting actual bodily harm with intent to engage in sexual intercourse)

(a)14 years; and

(b)where the accused acted in company with any other person – 17 years

s.92C

Sexual assault in the third degree (i.e. unlawfully assaulting, or threatening to inflict grievous or actual bodily harm with intent to engage in sexual intercourse)

(a)12 years; and

(b) where the accused acted in company with any other person - 14 years

s.92D

Sexual intercourse without consent

(a) 12 years; and

(b) where the accused acted in company with any other person - 14 years

s.92E

Sexual intercourse with a young person

(a)where the young person is under 10 years of age -17 years ; and

(b)where the young person is under 16 years of age - 14 years

s.92EA

Maintaining a sexual relationship with a young person

(a)7 years; and

(b)where a person convicted of this offence was found to have committed another offence (against the person) in relation to the young person,

(i)if the other offence is punishable by imprisonment for less than 14 years - 14 years; and

(ii)if the other offence is punishable by imprisonment for 14 years or more - life imprisonment

s.92F

Act of indecency in the first degree (i.e. inflicting grievous bodily harm with intent to engage in an act of indecency)

15 years

s.92G

Act of indecency in the second degree (i.e. inflicting actual bodily harm with intent to engage in an act of indecency)

12 years

s.92H

Act of indecency in the third degree (i.e. unlawfully assaulting, or threatening to inflict grievous or actual bodily harm with intent to engage in an act of indecency)

10 years

s.92J

Act of indecency without consent

(a)5 years; and

(b)where the accused acted in company with any other person - 7 years

s.92K

Act of indecency with a young person

(a)where the young person is under 10 years of age 12 years; and

(b)where the young person is under 16 years of age - 10 years

s.92M

Abduction for purposes of sexual intercourse

10 years

s.92W

Female genital mutilation

15 years

s.92X

Remove child from Territory for purposes of female genital Mutilation

7 years

New South Wales

Children (Care and Protection Act) 1987

s.20B

Carrying out special medical treatment in contravention of the Act

7 years

s.25

Abuse of a child

not exceeding 10 penalty units*

s.26

Child neglect

not exceeding 10 penalty units*

s.27

Unauthorised removal of a child

not exceeding 10 penalty units*

s.28

Tattooing of a child

not exceeding 10 penalty units*

s.29

Leaving children unsupervised in cars

not exceeding 10 penalty units*

s.51

Endangering children in employment

not exceeding 10 penalty units*

Crimes Act 1900

s.18

Murder

life

s.19A

Manslaughter

25 years

s.26

Conspiring to commit murder

25 years

s.27

Acts done to person with intent to murder

25 years

s.28

Acts done to property with intent to murder

25 years

s.29

Attempts to commit murder

25 years

s.33

Maliciously wounding

25 years

s.33A

Maliciously discharge a loaded weapon

14 years

s.35

Malicious wounding or inflicting grievous bodily harm

7 years

s.35A

Maliciously cause dog to inflict grievous bodily harm

7 years

s.35AA

Maliciously cause dog to inflict actual bodily harm

5 years

s.36

Causing grievous bodily disease

25 years

s.37

Attempts to choke, suffocate or strangle

25 years

s.38

Administer chloroform to commit an offence

25 years

s.39

Use poison so as to endanger life

10 years

s.40

Maliciously discharge loaded arms

14 years

s.55

Possessing or manufacturing an explosive substance with intent to injure the person

5 years

s.58

Assault with intent to commit a felony

5 years

s.59

Assault occasioning actual bodily harm

5 years

s.61

Common assault

2 years

s.61I

Sexual assault

14 years

s.61J

Aggravated indecent assault

20 years

s.61L

Indecent assault

5 years

s.61M

Aggravated indecent assault

7 years

s.61N(1)

Acts of indecency with a person under 16 years

2 years

s.61N(2)

Acts of indecency with a person above 16 years and under 18 years

18 months

s.61O

Aggravated acts of indecency

3 years

s.344A

Attempts to commit an act shall be liable to the penalty of that act

s.345

Principals in the second degree in any felony shall be liable to the penalty of that felony

s.346

Accessories before the fact shall be liable to same punishment as the principal felon

s.347

Accessories after the fact shall be liable to the same punishment as the principal felon

Guardianship Act 1987

s.35

Carrying out special treatment (on conviction on indictment) in contravention of the Act; or in the case of minor or major treatment (on summary conviction) in contravention of the Act.

7 years

1 year

Prisons (General) Regulation 1995&&

cl. 149

Use of more force than is reasonably necessary

not exceeding 10 penalty units*

cl. 171

Use prohibited punishments

not exceeding 10 penalty units*

Prisons(Administration) Regulation 1995

cl. 32

Use insulting or abusive language

not exceeding 10 penalty units*

*One penalty unit = $110

Northern Territory

Criminal Code

Offering violence to officiating ministers of religion

2 years

Sexual intercourse or gross indecency between males in public

14 years

Sexual intercourse or gross indecency between males in private

14 years

Sexual intercourse or gross indecency involving females under 16 years

14 years

Sexual intercourse or gross indecency by provider of services to mentally ill or handicapped person

7 years

Attempts at procuration of young persons or mentally ill or handicapped person

5 years

Unlawful sexual relationship with child

Life

Indecent dealing with child under 16 years

10 years

Gross indecency in public

2 years

Dangerous acts or omissions

14 years

Murder

Life

Manslaughter

Life

Attempt to murder

Life

Threats to kill

7 years

Disabling in order to commit a crime

Life

Stupefying in order to commit a crime

Life

Acts intended to cause grievous bodily harm or prevent apprehension

Life

Grievous harm

14 years

Attempting to injure by explosive substances

14 years

Setting man-traps

3 years

Bodily harm

2 years

Female genital mutilation

14 years

Common assault

5 years

Assaults on police

16 years

Assaults on the Administrator or judges or magistrates

14 years

Assaults on member or crew of aircraft

14 years

Sexual intercourse and gross indecency without consent

Life

Coerced sexual self-manipulation

17 years

Assaults with intent to commit an offence

3 years

Kidnapping for ransom

20 years

Kidnapping

7 years

Deprivation of liberty

7 years

Concealment of matters affecting liberty

3 years

Wrongful custody of mentally ill person

2 years

Threats

2 years

Enticing away child under 16 years for immoral purposes

7 years

Abduction of children under 16 years

14 years

Robbery

Life

Assaults with intent to steal

Life

Queensland

Criminal Code 1899

s.137

Delays to take person before magistrate

2 years

s.200

Refusal by public officer to perform duty

2 years

s.317

Acts intended to cause grievous bodily harm and other malicious acts

Life

s.320

Grievous bodily harm

14 years

s.320A

Torture

14 years

s.321

Attempting to injure by explosives or noxious substance

14 years

s.322

Maliciously administering poison with intent to harm

14 years

s.323

Wounding and similar acts

7 years

s.324

Failure to supply necessaries

3 years

s.328

Negligent acts causing harm

2 years

s.335

Common assault

3 years

s.336

Assault with intent to commit rape

14 years

s.339

Assault occasioning bodily harm in company while armed

10 years

s.340

Serious assault

7 years

s.346

Assault in interference with freedom of trade of work

5 years

s.347

Rape

Life

s.349

Attempt to commit rape

14 years

s.351

Abduction

7 years

s.354

Kidnapping

7 years

s.355

Deprivation of liberty

3 years

s.356

False certificates by officers charged with duties relating to liberty

3 years

s.357

Concealment of matters affecting liberty

3 years

s.358

Unlawful custody of patient under Mental Health Act

2 years

s.359

Threats

5 years

s.78

Interfering with political liberty

2 years

Children’s Services Act 1965

s.69(1)

Ill treatment, neglect, abandonment of child likely to cause unnecessary suffering

1 year or 40 penalty units

Mental Health Act 1974

s.59

Ill treatment, neglect or molestation of mental patients/residents

6 months

*One penalty unit = $75

South Australia

Criminal Law Consolidation Act 1935

s.11

Murder

life

s.12

Conspiring or soliciting to commit murder

life

s.12a

Cause death by an intentional act of violence

life

s.19

Unlawful threats

5-12 years

s.19AA

Unlawful stalking

3-5 years

s.19A

Cause death and injury by reckless driving etc

4-15 years

s.21

Wounding etc with intent to do grievous bodily harm

life

s.23

Malicious wounding etc

5-8 years

s.25

Choking or stupefying to commit indictable offence

life

s.27

Maliciously administering poison etc with intent to injure, aggrieve or annoy any other person

3 years

s.29

Acts endangering life or creating risk of grievous bodily harm

5-15 years

s.30

Fail to provide food etc in certain circumstances

3 years

s.31

Possess object with intent to kill or cause grievous bodily injury

5-10 years

s.33A

Prohibition of female genital mutilation

7 years

s.33B

Removal of child from State for genital mutilation

7 years

s.39

Common assault

2-3 years

s.40

Assaults occasioning harm

5-8 years

s.47A

Threaten another person with a firearm

4 years

s.48

Rape

life

s.49

Unlawful sexual intercourse

life

s.56

Indecent assault

8-10 years

s.58

Acts of gross indecency

3-5 years

s.58A

Incite or procure commission by child of indecent act for prurient purposes

2-3 years

s.59

Abduction of male or female person

14 years

s.64

Procure sexual intercourse

7 years

s.74

Persistent sexual abuse of a child

life

s.80

Abduction of child under 16 years

7 years

Mental Health Act 1998

s.30

Neglect or ill treatment

2 years or $8,000 fine

s.31

Offences in relation to authorisations and orders

2 years or $8,000 fine

Guardianship and Administration Act 1993

s.61

Prescribed treatment not to be carried out without Board’s consent

2 years or $8,000 fine

s.76

Ill treatment or neglect of a person with mental incapacity

2 years or $8,000 fine

s.77

Offences in relation to certain certificates and reports

2 years or $8,000 fine

Tasmania

Criminal Code 1924

s.115

Omission by public officer to perform duty

21 years

s.126

Unlawful sexual intercourse with insane persons or defectives

21 years

s.127

Indecent assault

21 years

s.127A

Aggravated sexual assault

21 years

s.144

Duty to provide necessaries

21 years

s.152

Omission of duty

21 years

s.158

Murder

21 years

s.159

Manslaughter

21 years

s.161

Accessory after the fact to murder

21 years

s.170

Committing an unlawful act intending to cause bodily harm

21 years

s.172

Wounding or causing grievous bodily harm

21 years

s.175

Causing injury by poison

21 years

s.176

Administering poison

21 years

s.177

Failing to supply necessaries

21 years

s.183

Aggravated assault

21 years

s.184

Assault

21 years

s.185

Rape

21 years

Alcohol and Drug Dependency Act 1968

s.63

Ill treatment or neglect of patients in treatment centres

12 months

Child Welfare Act 1960

s.47(1)

Ill treatment or neglect of a ward of State

12 months

Guardianship and Administration Act 1995

s.38

Carrying out medical treatment contrary to the Act on indictment

21 years

Non-indictable

1 year

Mental Health Act 1963

S106(1)

Ill treatment or neglect of patients by staff

6 months

S106(3)

Ill treatment or neglect of mental illness patients by responsible persons

6 months

s.107

Improper use of restraint and seclusion of patients with mental illness

6 months

Mental Health Act 1996

s.87

Ill treatment or neglect of patients

2 years

Victoria

Crimes Act 1958

s.3

Punishment for murder

life or imprisonment for such other term as is fixed by the court.

s.3A

Unintentional killing in the course of furtherance of a crime of Violence

person liable to be convicted of murder. Penalties as above.

s.5

Punishment of manslaughter

20 years imprisonment

or a fine in addition to or instead of a term of imprisonment

s.16

Causing serious injury intentionally

15 years

s.17

Causing serious injury recklessly

10 years

s.18

Causing injury intentionally or recklessly

5 years if the injury was caused intentionally;

2 years if the injury was caused recklessly

s.20

Threats to kill

2 years

s.21

Threats to inflict serious injury

1 year

s.21A

Stalking

10 years

s.22

Conduct endangering life

10 years

s.23

Conduct causing serious injury

5 years

s.24

Negligently causing serious injury

2 years

s.27

Extortion with threat to kill

5 years

s.31

Criminal assaults

1 year

s.38

Rape

25 years

s.39

Indecent assault

10 years

s.40

Assault with intent to rape

10 years

s.321

Conspiracy to commit an offence against a law or laws of Victoria

•penalty for the relevant offence fixed by law;

•if penalty for relevant offences is imprisonment where maximum length of term is not prescribed by law, then 10 years;

•if the relevant offence is murder, the person is liable to life imprisonment or imprisonment for a term fixed by the court.

s.321G

Incitement

•penalty for the relevant offence fixed by law;

•if penalty for relevant offence/s is imprisonment where maximum length of term is not prescribed by law, then 2 years;

•if the relevant offence is murder, the person is liable to life imprisonment or imprisonment for a term fixed by the court.

s.323

Abettors in indictable offences

a person who aids, abets, counsels or procures the commission of an indictable offence can be punished as a principal offender.

s.325

Accessories – a person who does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of a principal offender is guilty of an indictable offence

•if the principal offence is one for which the maximum penalty is life imprisonment, then a maximum penalty of 25 years;

•in any other case, to imprisonment for a term which is neither -

(i)more than 60 months in length; nor

(ii)more than one-half the length of the longest term which may be imposed on first conviction for the principal offence.

Common law

Common assault

5 years

Common law

False imprisonment

10 years

Common law

Kidnapping

25 years

Summary Offences Act 1966

s.23

Common assault

$1500 fine or imprisonment for three months

s.24

Aggravated assault

$2500 fine or six months imprisonment

Mental Health Act 1986

Part 5

Proscribed conduct in relation to mentally ill persons, unless the procedure is carried out in accordance with legislation or with the consent of the person:

•psychosurgery

•electroconvulsive therapy

•mechanical restraint, seclusion, and non-psychiatric medical treatment

$2,000 fine. A community based order may also be imposed.

Intellectually Disabled Persons’ Services Act 1986

Div 3 of Part 5

Proscribed actions in relation to intellectually disabled persons unless the procedure is carried out in accordance with legislation

•mechanical or chemical bodily restraint;

•seclusion;

•aversive therapy.

$2,000 fine. A community based order may also be imposed.

Alcoholics and Drug Dependent Persons Act 1968

s.23

To strike, wound, ill treat or wilfully neglect any person detained in an alcohol and drug assessment or treatment centre.

3 years

Children and Young Persons Act 1989

s.261

It is an offence for any person who has a duty of care in relation to a child to take action that results in the child suffering significant harm from physical injury or sexual abuse, significant emotional or psychological harm, or which is likely to result in the child’s

Physical development or health being significantly harmed.

It is also an offence to intentionally fail to take action that results in the child’s physical development or health being harmed.

$5,000 or imprisonment for up to 12 months.

The full range of Sentencing options under the Sentencing Act 1991(eg. intensive correction orders; community based orders) are also available.

Western Australia

Criminal Code

s.294

Intentionally causing grievous bodily harm or prevent arrest

20 years

s.295

Preventing escape from wreck

20 years

s.297

Grievous bodily harm

7 years

s.298

Causing explosion likely to endanger life

20 years

s.299

Attempting to cause explosion likely to endanger life

14 years

s.300

Maliciously administering poison with intent to harm

14 years

s.301

Wounding and similar acts

5 years

s.302

Failure to supply necessities of life

3 years

s.303

Endangering life or health of apprentices or servants

3 years

s.304

Endangering life of children by exposure

3 years

s.305

Setting mantraps

3 years

s.313

Common assault

18 months

s.317

Assaults occasioning bodily harm

5 years

s.317A

Assaults with intent

5 years

s.318

Serious assaults

10 years

s.320

Sexual offences against child under 13

20 years

s.321

Sexual offences against child or over 13 and under 16

20 years

s.322

Sexual offences by person in authority against child of or over 16

10 years

s.322a

Sexual offences against juvenile male

5 years

s.323

Indecent assault

5 years

s.324

Aggravated indecent assault

7 years

s.325

Sexual penetration without consent

20 years

s.326

Aggravated sexual penetration without consent

20 years

s.327

Sexual coercion

14 years

s.328

Aggravated sexual coercion

20 years

s.330

Sexual offences against incapable person

20 years

s.332

Kidnapping

20 years

s.333

Deprivation of liberty

10 years

s.336

Procuring the apprehension or detention of a person not suffering from a mental disorder

3 years

s.337

Unlawful custody of persons suffering from mental disorder

2 years

s.338A

Threats with intent to influence

10 years

s.338B

Threats

7 years

s.338D

Unlawful stalking

8 years

s.554

Attempt to commit indictable offence

14 years

s.554

Incitement to commit indictable offence

14 years

s.555

Summary trial of attempt or incitement

Half statutory penalty on indictment; or summary conviction penalty which ever is lesser

s.555A

Attempts and incitement (simple offences)

Statutory penalty

s.556

Attempt to procure commission of criminal act

Statutory penalty

s.558

Conspiracy to commit indictable offence

14 years

s.560

Summary trial of conspiracy to commit indictable offence

Statutory penalty

s.562

Accessory after the fact (indictable offence)

14 years

s.563

Summary trial of accessory after the fact

(see s.555)

Child Welfare Act

s.31A

Punishment for misconduct or neglect causing a child to be in need of cure and protection

1 year

Disability Services Act 1993

s.53

Offence of ill-treatment

1 year or $4,000

Mental Health Act 1996 (from 13.11.97)

s.162

Offence for ill-treatment

1 year or $4,000

APPENDIX THREE ADMINISTRATIVE REVIEW OF PUBLIC OFFICER CONDUCT

APPENDIX 3.1 POLICE OFFICERS

Federal

•Ombudsman

•Merit Protection Review Agency

Australian Capital Territory

•Ombudsman

•Discrimination Commissioner

New South Wales

•Ombudsman

•Police Integrity Commission

•Independent Commission Against Corruption

•Police Service Internal Affairs Branch

Northern Territory

•Ombudsman

•Anti-Discrimination Commission

•Police Professional Responsibility Unit

Queensland

•Criminal Justice Commission

•Misconduct Tribunals

South Australia

•Police Complaints Authority

•Police Disciplinary Tribunal

•Internal Investigations Branch

•Anti-Corruption Branch

Tasmania

•Internal Investigation Unit

•Ombudsman

Victoria

••Ethical Standards Department, Victoria Police

••Deputy Ombudsman (Police Complaints)

Western Australia

•Internal Investigations Unit

•Ombudsman

•Anti-Corruption Commission

APPENDIX 3.2 PRISON OFFICERS

Australian Capital Territory

•Internal investigations

•Official Prison Visitors

•Ombudsman

•Discrimination Commissioner

New South Wales

•Inspector-General of Corrective Services

•Professional Standards Unit, Department of Corrective Services

•Ombudsman

Northern Territory

•Ombudsman

•Anti-Discrimination Commission

•Official Prison Visitors

Queensland

•Misconduct Tribunals

•Parliamentary Commissioner for Administrative

Investigations

•Criminal Justice Commission

South Australia

•Senior Investigation Officer, Department of Correctional Services

•Visiting Tribunal

•Ombudsman

Tasmania

•Head of Agency

•Ombudsman

Victoria

•Ombudsman

•Official Prison Visitors

Western Australia

•Ombudsman

•Anti-Corruption Commission

•Ministry of Justice Investigations Unit

•Prison Visitors

•Aboriginal Prison Visitors

•Juvenile Detention Centre Visitors

APPENDIX 3.3 MILITARY PERSONNEL

Federal

• Defence Act 1903

•General Courts of Inquiry

•Boards of Inquiry

•Internal Investigating Officers

• Defence Force Discipline Act 1982

•Disciplinary Tribunals

APPENDIX 3.4 IMMIGRATION OFFICERS

Federal

•Internal Investigation Section, Department of Immigration & Multicultural Affairs

•Human Rights and Equal Opportunity Commission

•Ombudsman

•Federal Court of Australia

APPENDIX 3.5 CUSTOMS OFFICERS

Federal

• Public Service Act 1922

•Internal investigations by the Australian Customs Service

•Human Rights and Equal Opportunity Commission

•Ombudsman

•Federal Court of Australia

APPENDIX 3.6 PUBLIC MEDICAL OFFICERS

Australian Capital Territory

•Director of Mental Health

•Community Visitor of Public Hospitals

•Ombudsman

•Community Advocate

•Medical Practitioners Board

•Administrative Appeals Tribunal

•Public Sector Disciplinary Committee

•Discrimination Commissioner

New South Wales

•Health Care Complaints Commission

•Mental Health Review Tribunal

Northern Territory

•Ombudsman

•Patient Advocate, Royal Darwin Hospital

•Anti-Discrimination Commission

Queensland

•Ombudsman

•Medical Assessment Tribunal

•Health Rights Commission

•Anti-Discrimination Commission

South Australia

•Public Advocate

•Health Commission

•Medical Practitioners Board

•Medical Practitioners Tribunal

•Mental Health Review Tribunal

Tasmania

•Ombudsman

•Health Complaints Commissioner

•Mental Health Review Tribunal

•Head of Agency

•Public Guardian

Victoria

•Mental Health Review Board

•Community Visitor

•Ombudsman

•Health Services Commissioner

•Chief Psychiatrist

•Intellectual Disability

Review Panel

Western Australia

•Medical Board

•Office of Health Review

•Department of Health Complaints and Information Unit

•Boards of Visitors

•Parliamentary Commissioner for Administrative Investigations (Ombudsman)

•(Mental Health) Council of Official Visitors

•Mental Health Review Board

APPENDIX 3.7 RESIDENTIAL CARERS

Australian Capital Territory

• Internal investigations by Department

• Public Sector Management Inquiry

• Ombudsman

• Discrimination Commissioner

New South Wales

• Community Services Commission

• Department of Community Services Customer Complaints System

• Guardianship Board

• Community Services Appeals Tribunal

• Health Care Complaints Commission

• Mental Health Review Tribunal

• Ombudsman

• Independent Commission Against Corruption

Northern Territory

• Ombudsman

Queensland

• Criminal Justice Commission

• Misconduct Tribunals

• Parliamentary Commissioner for Administrative Investigations

• Health Rights Commission

• Children’s Commissioner

South Australia

• Manager, Secure Care Centre

• Director, Young Offenders Unit

• Police Complaints Authority

• Commissioner of Police

• Guardianship Board

• Ombudsman

• Medical Board

• Medical Practitioners Professional Conduct Tribunal

Tasmania

• Head of Agency

• Ombudsman

Victoria

• Police

• Department of Human Services

• Ombudsman

Western Australia

• Internal responses to complaints -

- Consumer Advocate assists complaints

- Case Review Board (child wards)

- Minister for Family and Children’s Services

• Commissioner for Equal Opportunity

• Guardianship and Administration Board

• Public Advocate

• Ombudsman

APPENDIX 3.8 PUBLIC SCHOOL TEACHERS

Australian Capital Territory

•Internal investigations by Department of Education and Children’s & Family Services Bureau

•Public Sector Management Inquiry

•Discrimination Commissioner

New South Wales

•Chief Executive Officer, Department of Education

•Anti‑Discrimination Board

•Ombudsman

Northern Territory

•Ombudsman

Queensland

•Criminal Justice Commission

•Misconduct Tribunals

South Australia

•Director‑General, Department of Education

•District Superintendent of Schools

•School Area Equal Opportunity Officer

•Commissioner for Equal Opportunity

• Ombudsman

Tasmania

•Head of Agency

•Ombudsman

Victoria

•Director of School Education

•Merit Protection Board

Western Australia

•Internal responses to complaints -

-School principal

-District Superintendent

-Director General

•Ombudsman

table 1. – relevant criminal legislation

Federal

Crimes Act 1901

Crimes (Aviation) Act 1991

Crimes at Sea Act 1979

Crimes (Torture) Act 1988

Customs Act 1901

Defence Act 1903

Defence Force Discipline Act 1982

Disability Discrimination Act 1992

Extradition Act 1988

Family Law Act 1975

Geneva Conventions Act 1957

Human Rights and Equal Opportunity Act 1986

Public Service Act 1922

Racial Discrimination Act 1975 (incorporating Part IIA dealing with racially offensive behaviour)

Sex Discrimination Act 1984

War Crimes Act 1945

ACT

Children’s Services Act 1986

Crimes Act 1900

Discrimination Act 1991

New South Wales

Anti ‑Discrimination Act 1977

Children (Care and Protection) Act 1987

Children (Detention Centres) Act 1987

Correctional Centres Act 1952

Crimes Act 1900

Crimes (Child Sexual Tourism) Amendment Act 1994

Education Act 1990

Education Reform Amendment (School Discipline) Act 1995

Guardianship Act 1987

Independent Commission Against Corruption Act 1988

Ombudsman Act 1974

Police Integrity Commission Act 1996

Police Service Act 1990

Protected Disclosures Act 1994

Public Sector Management Act 1988

Northern Territory

Anti ‑Discrimination Act 1992

Criminal Code

Education Act 1979

Mental Health Act 1979

Police Administration Act 1979

Prison (Correctional Services) Act 1980

Queensland

Anti ‑Discrimination Act 1991

Children’s Services Act 1965

Criminal Code Act 1899

Mental Health Act 1974

South Australia

Consent to Medical Treatment and Dental Procedures Act 1985

Consent to Treatment and Palliative Care Act 1994

Corporal Punishment Abolition Act 1971

Correctional Services Act 1982

Criminal Law Consolidation Act 1935

Education Act Regulations

Equal Opportunity Act 1984

Guardianship and Administration Act 1993

Medical Practitioners Act 1983

Mental Health Act 1993

Police Act 1952

Police Act Regulations

Police General Orders, General Order 2100

Public and Environmental Health Act 1987

Public Sector Management Act 1995

Sexual Reassignment Act 1988

Summary Offences Act 1953

Young Offenders Act 1993

Tasmania

Alcohol and Drug Dependency Act 1968

Child Welfare Act 1960

Criminal Code Act 1924

Guardianship and Administration Act 1995

HIV/AIDS Preventive Measures Act 1993

Mental Health Act 1963

Police Regulation Act 1898

Prison Act 1977

Sex Discrimination Act 1994

Victoria

Alcoholics and Drug Dependent Persons Act 1968

Children and Young Persons Act 1989

Corrections Regulations 1988

Crimes Act 1958

Crimes (Offences at Sea) Act 1978

Education Regulations 1988

Equal Opportunity Act 1995

Intellectually Disabled Persons’Services Act 1986

Mental Health Act 1986

Summary Offences Act 1966

Western Australia

Criminal Code Act 1913

Crimes (Offences at Sea) Act 1979

Child Welfare Act 1947

Equal Opportunity Act 1984

Education Act 1928

Disability Services Act 1993

Guardianship and Administration Act 1990

Health Services (Conciliation and Review) Act 1995

Mental Health Act 1996

Police Act 1892

Prisons Act 1981

Public Sector Management Act 1994

Young Offenders Act 1994

table 2. – Ombudsman legislation

Federal

Ombudsman Act 1976 (Cth)

Australian Capital Territory

Ombudsman Act 1989 (ACT)

New South Wales

Ombudsman Act 1974 (NSW) - (The Ombudsman also has jurisdiction pursuant to the Freedom of Information Act 1989 (NSW), Police Service Act 1990 (NSW) and the Protected Disclosures Act 1994 (NSW).)

Northern Territory

Ombudsman (Northern Territory) Act 1977 (NT)

Queensland

Parliamentary Commissioner Act 1974 (Qld)

South Australia

Ombudsman Act 1972 (SA)

Tasmania

Ombudsman Act 1978 (Tas)

Victoria

Ombudsman Act 1973 (Vic)

Western Australia

Ombudsman Act 1971 (WA)

table 3. – statutory compensation schemes

Australian Capital Territory

Criminal Injuries Compensation Act 1983 (ACT)

New South Wales

Victims Compensation Act 1987 (NSW)

Victims Compensation Act 1996 (NSW)

Northern Territory

Crimes (Victims Assistance) Act 1982 (NT)

Crimes Compensation Act 1992 (NT)

Queensland

Criminal Offence Victims Act 1995 (Qld)

South Australia

Criminal Injuries Compensation Act 1978 (SA)

Tasmania

Criminal Injuries Compensation Act 1976 (Tas)

Victoria

Criminal Injuries Compensation Act 1983 (Vic)

Victims of Crime Assistance Act 1996 (Vic)

Western Australia

Criminal Injuries Compensation Act 1982 (WA)

Criminal Injuries Compensation Act 1985 (WA)

Criminal Injuries Compensation Regulations 1985 (WA)

Sentencing Act 1995 (WA)

Young Offenders Act 1994 (WA)

table 4. – bilateral extradition treaties with states parties to the convention

Australia has an extradition treaty or arrangement in force with the following State parties to the Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Argentina

France

Italy

Philippines

Austria

Germany

Iceland+

Portugal

Belgium

Greece

Korea, Republic of

Spain

Brazil

Hong Kong SAR#

Luxembourg

Sweden

Chile

Hungary

Mexico

Switzerland

Denmark+

Monaco

USA

Ecuador

Netherlands

Venezuela

Finland

Israel

Norway

+ Australia has non treaty status extradition arrangements with these States.

# As a State Party to the CAT, China extended the application of the CAT to the Hong Kong SAR from 1 July 1997. Australia entered into an extradition agreement with the Government of Hong Kong on 29 June 1997. China recognizes this agreement as continuing in force with the Hong Kong SAR.

Note that Australia continues to negotiate extradition treaties with other States. For example, Australia has signed extradition treaties with Paraguay, Poland, Turkey and Uruguay. These treaties are expected to enter into force in the near future.

In addition, Australia has extradition arrangements with the following Commonwealth countries and State parties to the CAT via the London Scheme. The London Scheme is a set of principles agreed to by Commonwealth Law Ministers and upon which the extradition laws of Commonwealth countries are modelled and then applied to each other on the basis of reciprocity.

Antigua & Barbuda

Kenya

New Zealand

Austria

Malawi

Canada

Malta

Sri Lanka

Cyprus

Mauritius

Uganda

Guyana

Namibia

United Kingdom

Note that sub-paragraph 22(3)(b) of the federal Extradition Act 1988 prohibits the surrender of a person who has been found to be eligible for extradition by a domestic court unless the federal Attorney-General is satisfied that, upon surrender, the person will not be subjected to torture.

list of annexes *

Annex 1 Asylum, Border Control and Detention, Federal Parliamentary Inquiry by the Joint Standing Committee on Migration, February 1994

Annex 2 Human Rights and Mental Illness Report of the National Inquiry into the Human Rights of People with Mental Illness, HREOC, September 1993

Annex 3 Royal Commission into Aboriginal Deaths in Custody. National Report, Commissioner Elliott Johnston, Canberra, 1991

Annex 4 Royal Commission into the New South Wales Police Service Final Report , Commissioner The Hon. Justice JRT Wood, May 1997

Annex 5 Integrity: But Not By Trust Alone, Inquiry into Australian Federal Police and National Crime Authority Complaints and Disciplinary Systems, Report No. 82 ALRC 1996

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*These annexes may be consulted in the files of the Office of the United Nations High Commissioner for Human Rights.